Laserfiche WebLink
• surety, whether real, personal, or otherwise or whether by agreement or operation of law, including, <br />without limitation on the generality of the foregoing, any and all claims and defenses based upon <br />extension of time, indulgence, or modification of terms of contract. <br />SECTION XI. EASEMENTS, DEVELOPMENT AGREEMENT AND <br />IMPROVEMENTS <br />A. Utility Improvements. The Commission hereby agrees to construct and provide for <br />the Utility Improvements, which is anticipated to cost the Commission approximately $140,000.00. <br />In the evident that the Developer defaults under this Agreement or otherwise fails to proceed with the <br />Project, the Developer shall reimburse the Commission for its costs associated with the Utility <br />Improvements. <br />To induce the Commission to award a bid for the Utility Improvements, the Developer may <br />execute this Agreement prior to the Commission's execution and final approval thereof, and in such <br />case such execution and release of the Developer's signature page (whether by facsimile or original), <br />shall bind the Developer to the terms of this Agreement, provided that the Commission may only <br />enforce the terms thereof after the Commission executes this Agreement in the same form as <br />executed by the Developer. <br />The Developer acknowledges that the Utility Improvements may not commence on the <br />• portion of the Property subject to the Marathon Easements, as amended by the Easement Agreement <br />with License, until the Development Agreement attached hereto as Exhibit F is executed by all <br />parties and recorded. To the extent that the Commission awards a bid for the Utility Improvements <br />and the Utility Improvements are delayed because the Developer has not delivered its signature page <br />to the Authority, any damages or charges incurred by the Authority or the Commission as a result of <br />such delay shall be the obligation and responsibility of the Developer. <br />B. Easements of Record. The Developer hereby agrees to purchase the Property subject <br />to the easements of record, including the Marathon Easements, as amended by the Easement <br />Amendment with License, and the Development Agreement, and to construct the Project. The <br />Developer hereby acknowledges the terms and conditions of the Marathon Easements, as amended <br />by the Easement Amendment with License, and the Development Agreement and that it has <br />independently investigated and reviewed, to its satisfaction, the documents of the Commission <br />pertaining to the Marathon Easements, the Settlement Agreement and Release, the Easement <br />Amendment with License and the Development Agreement and has not relied solely upon the <br />representations of the Commission. <br />The Developer shall be responsible for and shall indemnify, defend, and safe harmless the <br />Commission, the City or any entity related thereto (collectively, the "City Entities ") from all claims, <br />suits, actions, damages and costs arising out of any and all damage due to acts of the Developer or its <br />contractors, agents or employees, with respect to the easements of record, including but not limited <br />to the Marathon Easements, as amended by the Easement Amendment with License, the <br />Development Agreement, and the Settlement Agreement. It is expressly understood that the City <br />